alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This decision of the New Mexico Court of Appeals was not selected for publication in

the New Mexico Appellate Reports. Refer to Rule 12

- 405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer

generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A

- 1

- CA

- 39930

STATE OF NEW MEXICO,

Plainti ff

- Appellee,

v.
EUGENIO IBARRA,

Defendant

- Appellant.

APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Drew D. Tatum, District Judge
Hector H. Balderas, Attorney General Santa Fe, NM Michael J. Thomas, Assistant Attorney General Albuquerque, NM
for Appellee
Bennett J. Baur, Chief Public Defender Santa Fe, NM Mark A. Peralta

- Silva, Assistant Appellate Defender Albuquerque, NM
for Appellant

MEMORANDUM OPINION
HANISEE, Chief Judge.

{1} Defendant appeals his convictions of multiple counts of aggravated assault on a peace officer and one count of aggravated fleeing a law enforcement officer. This Court’s first notice of proposed summary disposition proposed to affirm the judgment of the district court and Defendant filed a memorandum in opposi tion to that disposition, asserting that the State had failed to present evidence regarding one victim’s status as a law enforcement officer. This Court then issued a second notice, proposing to vacateone of Defendant’s convictions of aggravated assault o n a peace officer. Defendant has

filed a second memorandum, supporting that reversal but continuing to oppose the affirmance of his remaining convictions. With regard to those convictions, we remain unpersuaded that the district court erred. We, therefore, affirm those convictions for the reasons discussed in our second notice of proposed summary disposition.

{2} With regard to the aggravated assault charges appearing as Count 2 in the complaint, the State has filed a notice that it does not intend to oppo se this Court’s proposed reversal. Accordingly, we reverse and vacate Defendant’s conviction with regard to Count 2, but affirm the judgment and sentence of the district court with regard to Defendant’s remaining convictions.

{3} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge
SHAMMARA H. HENDERSON, Judge
#### In the Matter of the Application of Charles W. Jannicky, Clerk of the Municipal Court, etc., Appellant, to Compel John Henigin, Jr., Respondent, to Deliver to Him as Such Clerk Books, Papers, etc.

Order affirmed, with ten dollars costs and disbursements. Ho opinion. Jenks, P. J., Burr, ■Thomas and Rich, JJ., concurred; Carr, J., dissented.
§ 404.991a Late completion of timely investigation. We may revise a determination or decision after the applicable time period in § 404.988(a) or § 404.988(b) expires if we begin an investigation into whether to revise the determination or decision before the applicable time period expires. We may begin the investigation either based on a request by you or by an action on our part. The investigation is a process of gathering facts after a determination or decision has been reopened to determine if a revision of the determination or decision is applicable. ( a ) If we have diligently pursued the investigation to its conclusion, we may revise the determination or decision. The revision may be favorable or unfavorable to you. “Diligently pursued” means that in light of the facts and circumstances of a particular case, the necessary action was undertaken and carried out as promptly as the circumstances permitted. Diligent pursuit will be presumed to have been met if we conclude the investigation and if necessary, revise the determination or decision within 6 months from the date we began the investigation.
( b ) If we have not diligently pursued the investigation to its conclusion, we will revise the determination or decision if a revision is applicable and if it will be favorable to you. We will not revise the determination or decision if it will be unfavorable to you.
[49 FR 46369, Nov. 26, 1984; 49 FR 48036, Dec. 10, 1984]
#### § 404.354 Your relationship to the insured.

You may be related to the insured person in one of several ways and be entitled to benefits as his or her child, *i.e.*, as a natural child, legally adopted child, stepchild, grandchild, stepgrandchild, or equitably adopted child. For details on how we determine your relationship to the insured person, see §§ 404.355 through 404.359.

[63 FR 57593, Oct. 28, 1998]
§ 418.3350 What types of unearned income do we not count? ( a ) For claims filed on or after January 1, 2010 and redeterminations that are effective on or after January 1, 2010, we do not count as income in-kind support and maintenance.
( b ) While we must know the source and amount of all of your unearned income, we do not count all of it to determine your eligibility for the subsidy. We apply to your unearned income the exclusions in § 418.3350(c) in the order listed. However, we do not reduce your unearned income below zero, and we do not apply any unused unearned income exclusion to earned income except for the $20 per month exclusion described in § 416.1124(c)(12) of this chapter. For purposes of determining eligibility for a subsidy and whether you should receive a full or partial subsidy, we treat the $20 per month exclusion as a $240 per year exclusion.
( c ) We do not count as income the unearned income described in § 416.1124(b) and (c) of this chapter, except for paragraph (c)(13).
( d ) We do not count as income any dividends or interest earned on resources you or your spouse owns.
[75 FR 81846, Dec. 29, 2010]
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UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2000 WATER QUALITY REPORT RUN DATE: June 6, 2000

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
<PAGE>   1
                                                                    EXHIBIT 10.2


                    FOURTH AMENDMENT TO THE 1995 STOCK OPTION
                               AND INCENTIVE PLAN

           (As previously amended and restated as of August 11, 1995)

      This FOURTH AMENDMENT TO THE 1995 STOCK OPTION AND INCENTIVE PLAN is made
and approved as of this 27th day of April, 1999, by the Shareholders of Champion
Enterprises, Inc.

                                   WITNESSETH:

      WHEREAS the Shareholders of Champion Enterprises, Inc. desire to amend the
1995 Stock Option and Incentive Plan (as previously amended and restated as of
August 11, 1995) as set forth below.

      NOW, THEREFORE, the 1995 Stock Option and Incentive Plan is amended as
follows:

      1. Section 1.6 is hereby amended by replacing the figure "4,650,000" with
"6,400,000".

      2. Each reference in the 1995 Stock Option and Incentive Plan to the
"Plan," "hereunder," or "hereof" or words of the like import shall hereafter
mean and be a reference to the 1995 Stock Option and Incentive Plan (as amended
and restated as of August 11, 1995) as amended hereby.

      Except as specifically amended hereby, the 1995 Stock Option and Incentive
Plan as amended and restated as of August 11, 1995, and each provision hereof,
remains in full force and effect.

                                        CHAMPION ENTERPRISES, INC.


                                        By: _____________________________
                                            Walter R. Young
                                            Chairman, President and Chief
                                            Executive Officer




Attest:

_____________________________
John J. Collins, Jr.
Secretary
CERTIFICATIONS PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Bruce Winfield, Chief Executive Officer of Portal Resources Ltd. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Annual Report on Form 20-F of the Company for the period ended June 30, 2006, as filed with the Securities and Exchange Commission (the report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



2.

The information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: January 3, 2007





/s/  Bruce Winfield

Bruce Winfield,

President and Chief Executive Officer













#
#### § 618.848 Veterans' priority of service.

The State must give priority for approval and funding of TAA Program benefits (including training, where the approval of training criteria are met) to a trade-affected worker meeting the veterans' priority of service criteria established under 38 U.S.C. 4215.
#### § 429.105 What happens when you receive my claim?

When we receive your claim, we will investigate to determine its validity. After our investigation, we will forward your claim to the SSA Claims Officer with our recommendation as to whether your claim should be fully or partially allowed or denied.
### §2422. Repealed. Pub. L. 102–88, title VI, §601, Aug. 14, 1991, 105 Stat. 441

Section, Pub. L. 87–195, pt. III, §662, as added Pub. L. 93–559, §32, Dec. 30, 1974, 88 Stat. 1804, and amended Pub. L. 96–450, title IV, §407(a), Oct. 14, 1980, 94 Stat. 1981, prohibited funding of activities of the Central Intelligence Agency, other than intelligence gathering, without Presidential finding of importance to national security of United States and defined such activities as significant anticipated intelligence activities for purpose of section 413 of Title 50, War and National Defense. See section 3094 of Title 50.
#### Madeline Fitzpatrick et al., Respondents, v. Thomas E. Murray, as Receiver of Interborough Rapid Transit Company, Appellant.

Present — Martin, P. J., Townley, TJntermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to affirm.
**EXHIBIT 31.1**

 

I, G. Ward Paxton, ChiefExecutive Officer of Intrusion Inc., certify that:

 

(1)                          I have reviewed this quarterly report on Form10-Q of Intrusion Inc.:

 

(2)                          Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

(3)                          Based on my knowledge, the financial statements,and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

 

(4)                          The registrant’s other certifying officer(s)and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

(a)              Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)             Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

(c)              Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

(5)                          The registrant’s other certifying officer(s)and I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalentfunctions):

 

(a)              All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b)             Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 

 
| Date:  November 12, 2004 | /s/ G. Ward Paxton      |   |
|------------------------------------|-------------------------|--------|
|                               | G. Ward Paxton          |
|                               | Chief Executive Officer |

 

----
### §§2321l to 2321n. Repealed. Pub. L. 104–164, title I, §104(b)(2)(B), July 21, 1996, 110 Stat. 1427

Section 2321l, Pub. L. 87–195, pt. II, §518, as added Pub. L. 101–513, title V, §533(f), Nov. 5, 1990, 104 Stat. 2015, authorized President to transfer nonlethal excess defense articles and small arms to friendly countries and to international organizations and private and voluntary organizations for preservation of endangered animal and plant species.

Section 2321m, Pub. L. 87–195, pt. II, §519, as added Pub. L. 101–513, title V, §596(b), Nov. 5, 1990, 104 Stat. 2061; amended Pub. L. 103–236, title VII, §731(c), Apr. 30, 1994, 108 Stat. 502, authorized President to transfer to countries for whom foreign military financing program was justified such nonlethal excess defense articles as President determined necessary to help modernize defense capabilities of such countries.

Section 2321n, Pub. L. 87–195, pt. II, §520, as added Pub. L. 103–236, title IV, §408, Apr. 30, 1994, 108 Stat. 452, authorized President to transfer to international and regional organizations of which United States is a member such excess defense articles as President determined necessary to support and maintain international peacekeeping operations and security.
### §281k. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 654

Section, act Aug. 5, 1947, ch. 498, §12, 61 Stat. 783, provided for transfer of property to Institute of Inter-American Affairs.
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UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

DECEMBER 2012 WATER QUALITY REPORT RUN DATE: February 7, 2013

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
#### Thomas S. Baker, Respondent, v. Henry P. Wilson, Appellant, Impleaded with Benjamin F. Yoakum.

Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of costs in this court and in the court below. No opinion. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
Editorial Note on Part 416
Editorial Note: Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

§ 416.327 Pilot program for photographic identification of disability benefit applicants in designated geographic areas. ( a ) To be eligible for SSI disability or blindness benefits in the designated pilot geographic areas during the time period of the pilot, you or a person acting on your behalf must give SSA permission to take your photograph and make this photograph a part of the claims folder. You must give us this permission when you apply for benefits and/or when we ask for it at a later time. Failure to cooperate will result in denial of benefits. We will permit an exception to the photograph requirement when an individual has a sincere religious objection. This pilot will be in effect for a six-month period after these final rules become effective.
( b ) *Designated pilot geographic areas* means: ( 1 ) All SSA field offices in the State of South Carolina.
( 2 ) The Augusta, Georgia SSA field office.
( 3 ) All SSA field offices in the State of Kansas.
( 4 ) Selected SSA field offices located in New York City.
[68 FR 23195, May 1, 2003]
§ 618.872 Travel under the Trade Adjustment Assistance Program. ( a ) TAA Program participants are subject to the FTR at 41 CFR chapters 300 through 304 for all travel paid for with TAA Program funds.
( b ) Except for the definition of “commuting area,” States may not apply State or local travel policies and restrictions to TAA Program participants receiving reimbursements for travel under the Act.
( c ) In instances where the FTR is silent or defers to the Federal agency's travel policies, the State must apply the relevant policies of the Department.
### §2314a. Repealed. Pub. L. 93–189, §26(4), Dec. 17, 1973, 87 Stat. 731

Section, Pub. L. 91–672, §9, Jan. 12, 1971, 84 Stat. 2055, related to transfer of defense articles to other countries under sections 2314(a)(1), (4) and 2753(a)(2) of this title and prerequisites for consent of President to transfer.
Exhibit 32
 Certification of Chief Executive Officer and Chief Financial Officer Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002
  1.
    
    the Report fully complies with the requirements of Sections 13(a) or 15(d) of the
Securities Exchange Act of 1934; and2.
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: March 1, 2010
    /s/  Kevin CummingsKevin CummingsChief Executive Officer and President
(Principal Executive Officer)Date: March 1, 2010
    /s/  Thomas F. Splaine, Jr.Thomas F. Splaine, Jr.Senior Vice President and Chief
Financial Officer
(Principal Financial Officer)
#### Calvin Louis Anderson BEY, Appellant, v. UNITED STATES of America, Appellee.

No. 82-1253.

United States Court of Appeals, Eighth Circuit.

Submitted Aug. 12, 1982.

Decided Aug. 17, 1982.

*1219Thomas E. Dittmeier, U. S. Atty., Edward L. Dowd, Jr., Asst. U. S. Atty., St. Louis, Mo., for appellee.

Calvin Louis Anderson Bey, pro se.

Before BRIGHT, McMILLIAN and JOHN R. GIBSON, Circuit Judges.

PER CURIAM.

Calvin Louis Anderson Bey, *pro se,*appeals from the district court’s1 order dismissing his petition for relief under 28 U.S.C. § 2255. On appeal appellant contends his original sentence should be overturned because it had been based on erroneous information contained in a presentence investigative report and because he had not received effective legal assistance at the sentencing hearing.

We have carefully examined the record and briefs in this matter and find no merit in appellant’s contentions. Accordingly, the order of the district court is affirmed. *See*8th Cir. R. 12(a).

1

. The Honorable H. Kenneth Wangelin, Chief Judge, United States District Court for the Eastern District of Missouri.
**Exhibit 23.1**Consent of Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the Registration Statement (Form S-8 No.333-129105) pertaining to the American Commercial Lines Inc. Equity Award Plan for Employees,Officers, and Directors, as Amended, and the American Commercial Lines Inc. 2005 Stock IncentivePlan, Inc. of our reports dated February 22, 2008, with respect to the consolidated financialstatements and schedule of American Commercial Lines Inc., American Commercial Lines Inc. and theeffectiveness of internal control over financial reporting of American Commercial Lines Inc.,included in the Annual Report (Form 10-K) for the year ended December 31, 2007./s/ ERNST & YOUNG LLP
§ 61.100 General reimbursement provisions. ( a ) The Office shall reimburse any carrier that pays benefits under the Defense Base Act or other applicable workers' compensation law due to the injury, disability or death of any person specified in § 61.1(a), if the injury or death for which the benefits are paid arose from a war-risk hazard. The amount to be reimbursed includes disability and death payments, funeral and burial expenses, medical expenses, and the reasonable and necessary claims expense incurred in processing the request.
( b ) The Office shall not provide reimbursement in any case in which an additional premium for war-risk hazard was charged, or in which the carrier has been reimbursed, paid, or compensated for the loss for which reimbursement is requested.
( c ) Reimbursement under this section with respect to benefits shall be limited to the amounts which will discharge the liability of the carrier under the applicable workers' compensation law.
REGULATORY EVALUATION

Directorate Identifier: 2010-NM-064-AD

Executive Order 12866:

Could the AD be considered a "significant regulatory action'''?

YES () explain NO (X)

DOT Regulatory Policies and Procedures:

Is the AD slgnificant?

YES ( ) explain NO (X)

Regulatory Flexibility Act:

Willlhc AD have a significant economic impact on a substantial number of small entities?

I

YES () explain NO (X)

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is i~appropriate to include specific

requirements for aircraft operated in Alaska, where avi'ation might be the only mode of

transportation?

YES ( ) explain NO (X)